Legal Question in Civil Litigation in New York
A well known auto repair company repaired my auto wrong and caused complete engine failure. After repeated return trips and calls they did not fix it. The engine then failed and had to be replaced. Can I sue for return of cost of new engine and return of money I originally paid company?
1 Answer from Attorneys
You may bring an action against the repair company for breach of contract, express and implied warranties of merchantability, and negligence.
The main hurdle to your action is to obtain the written report of a qualified and licensed mechanic who can testify on your behalf regarding the faulty repair that by a preponderance of the evidence caused engine failure. Your retained mechanic should indicate how a correct repair would have elongated the life of your vehicle, dispensing with the cost of a new engine.
You may bring an action for faulty repair (money originally paid) as well as the cost of a new engine (depending on the year, mileage, condition and value of your vehicle at the time of original repair).
You may sue in small claims court up to the jurisdictional limit without the necessity of a lawyer, but will require a testimony of a trained and certified mechanic. I would hire an attorney if your damages are substantial.
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